Law Office of Michael H. Joseph, PLLC

President Biden Introduces Legislation for undocumented immigrants

Feb 18, 2021 @ 11:30 AM — by Michael Joseph
Tagged with: New York Immigration Lawyers Reform Pathway To Citizenship For Dreamers

Our New York immigration lawyers are keeping a close eye on the pending legistation which promises to reform the current broken immigration system and create a pathway to citizenship for millions of undocumented immigrants, including the dreamers.  "The Secretary of the Department of Homeland Security (DHS) may waive the presence requirement for those deported on or after January 20, 2017, who were physically present for at least three years prior to removal for family unity and other humanitarian purposes,” reads the proposed legislation. This means that those who were deported may be relieved from the effects of illegal entry.

President Joe Biden has been busy the first couple of weeks of his presidency. President Joe Biden promised that he would introduce legislation to create a pathway to citizenship for 11 million undocumented people. The president has followed through with the promise and all eyes are on the government as millions wait to see what happens next.

President Biden is proposing a pathway to citizenship that millions of people in the U.S. have been asking for. There are around 11 million people who are undocumented in the U.S. The pathway to citizenship will take time, according to the legislation, but some people will have time shaved off of their pathway, including the dreamers, more formally known as Deferred Action for Childhood Arrivals (DACA) beneficiaries, Temporary Protected Status (TPS) holders, and farm workers who have worked throughout the pandemic. In fact, USCIS, has already started accepting new DACA applications.

The U.S. Citizenship Act of 2021 is designed to change the immigration system that has created a backlog of immigration cases. There are multiple steps in the proposed legislation starting with creating a pathway to citizenship. Those who would benefit from the bill are people who were physically in the U.S. as of  January 2, 2021.

First, the bill allows for people to apply for temporary legal status, including the right to work. This legal status will allow beneficiaries to recieve a social security card and a drivers license. After five years, and if the person passes a criminal and national security background check, they can apply for a green card. Three years after that, people who pass further background checks and demonstrate a knowledge of English and civics can apply for citizenship.

There is also a provision in the bill that aims to help people deported during the previous administration and will waive the bar for being in the country illegally, under certain conditions, such as family reunification and humanitarian purposes. The bill also wants to change the word “alien” to “noncitizen” in immigration laws to embrace the country’s stance as a country of immigrants. The legislation has been introduced and now immigration activists and our immigration lawyers, are waiting to see the bill will pass so we can start submitting applications for our clients. 

The legislation tackles several issues that have plagued the immigration system in the United States under prior administrations.  The bill proposes increasing visa limits for certain countries, keeping families together, removing discrimination against LGBTQ+ families, and so many other initiatives to start reforming the immigration system.

If you would like to be contacted once the bill passes to explore your options for legalization, email your contact information to Michael@newyorktriallawyers.org